Month: September 2011

Council Powerless to End DACHA Nightmare For Residents

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Since the city made the decision to foreclose on DACHA (Davis Area Cooperative Housing Association), DACHA exists only on paper and has no assets and no ability to defend itself against legal action – this according to the city attorney, council and residents alike.

Council is looking to dissolve DACHA, however, due to legal issues and a complaint about the lack of proper notification, City Attorney Harriet Steiner recommended that the Council continue this matter to January 2012.

Man Sues CHP For Yolo County Tasering Incident

taserSuit Alleges DA Reisig Prosecuted In Order to Cover Up Law Enforcement Wrongdoing

In the early afternoon of Tuesday, September 8, 2009, Thomas Dias received a call advising him that his niece, with whom he worked at a family-owned flooring company, had run out of gas and was on the shoulder of I-80 eastbound, east of Reed Avenue in West Sacramento.

He went to assist her with a can of gasoline.  Mr. Dias put in enough gas to allow her truck to get off the freeway and then followed her to a gas station for the purposes of making sure she was all right, as well as to transfer some work materials to her truck..

Commentary: Councilmember Wolk Splitting the Baby on Water

Wolk-DanCouncilmember Dan Wolk has tried to play the swing vote on a number of issues early in his tenure as a Davis city councilmember.  In the process, he has had to cast some tough votes, like the deciding vote on the budget.

Two weeks ago he came forward with a compromise on the water project – while he got a lot of what he wanted, he did not get the centerpiece, a one-year, 10 percent rate hike, which would have likely avoided the referendum and would have given the council time to move forward.

Defense Strategy: Topete Suffers From Mental Disorders and “Lost Control”

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One of the big questions coming into this trial was how would the defense defend a case in which there was virtually no doubt that the defendant shot and killed Deputy Tony Diaz.

For the last two weeks, the prosecution had hinted that the defense would be shifting strategy to that of some sort of diminished mental capacity.  On Monday, the defense finally delivered their opening statement, and we learned for the first time what the defense would be in this case.

Commentary: City Commission Exacerbates the Lack of Movement on Budget Reform

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Back in July, the Finance and Budget Commission was asked to weigh in on possible avenues by which the city could reduce its personnel costs by 2.5 million.  Instead of doing that, they “expressed concern over what they viewed as an unnecessary reduction in services, before other alternatives had been considered.”

In so doing, they came out against a two-year budget, arguing “There are too many unknown variables to make a multi-year budget meaningful, especially in today’s economic environment.”

Commentary: Still Believing the Myths on Fifth Street

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One of the big problems I see with city staff in this community is twofold – if they do not believe in a project, (a) they tend to slow play it, and (b) they do not properly address misconceptions.  It is a sort of passive-aggressive benign neglect, and I see that very scenario playing out on the 5th Street redesign.

City staff does not want this project.  It was pushed on them by the community and council.  And it shows.  It is not a priority and city staff has failed to address critical concerns – legitimate ones that crop up in the community.

Staff Recommends Delaying Personnel Cuts

pinkerton-steveSunday Commentary: Did City Staff and Paul Navazio Sabotage Budget Cuts?

On Tuesday’s Davis City Council agenda, City Manager Steve Pinkerton has asked council to postpone the September 30th deadline to cut 2.5 million from the budget.

Wrote the city staff: “Staff acknowledges that any reductions based on a $2.5 million dollar package, irrespective of timing, would create significant impacts on service levels. With so much at stake, staff feels the need to have adequate time to allow full vetting of the service impacts.”

Analysis: County Begins Planning For AB 109 Changes – Major Changes in Criminal Justice on the Way

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One of the broadest and most sweeping reforms in years is about to take place on October 1, when counties will directly assume responsibility for so-called low-level criminal offenders – those who have been convicted of non-violent, non-serious and non-sex crimes.

But that is just the start, it is not simply a prison release plan as some have both implied and feared.  Instead, it is a fundamental shift in the way that low-level criminal offenders are handled, from incarceration, to monitoring, to a shift in parole violations in the county and finally to reentry in terms of job training, anger management and substance abuse programs, all in efforts to reduce the California recidivism rate that is tops in the nation at 70 percent.

Water Issue Remains Contentious Even After Prop 218 Hearing and Vote

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That the council approved water rate hikes on September 6 has not diminished the amount of contention over the issue of water in Davis.  Earlier this week, a group of citizens announced they would be filing papers to put the water rate hike to a vote of the people.

In the meantime, the City of Davis continues its efforts to outreach on the issue.  On Thursday, it announced it would hold a Water Forum from 7-9 p.m. on Wednesday, September 21st, in Community Chambers (23 Russell Blvd), to “share information about the City Council’s recent action on water rates, and how rate revenues will be used to develop a safe and reliable water source for current and future water users.”

Commentary: City is Powerless to Stop Railroad Fence

Train-SlideMuch of the discussion on the railroad fence has focused on the construction of some sort of protected crossing.  It is something that makes a good deal of sense, given that most people believe that crossing train tracks is not the optimal solution to the odd geographic layout of Davis.

Accordingly, we continue to believe that the construction of a railroad fence, without the construction of either an at-grade or grade-separated crossing, will make things less safe, as people will still attempt unsafe crossings.

Union Pacific Begins Constructing Railroad Fence

City Frustrated by Lack of UP Communication and Cooperation But Powerless to Stop It –

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The city has announced that Davis Mayor Joe Krovoza received an email from Union Pacific Railroad (UPRR) representative Scott Moore informing the City that next week UPRR intends to start construction of a fence at the Davis Train Depot, blocking access to the Olive Drive neighborhood from the depot.

Early on Wednesday the Mayor informed the Vanguard that Union Pacific was doing something along the tracks, but had not given the city a firm answer as to what.

Is Davis’ Police Ombudsman Investigating DHS Incident?

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The Vanguard is receiving conflicting reports about the extent to which Davis’ Police Ombudsman, Robert Aaronson, is investigating an incident that occurred on May 12, 2011. At that time, a Davis High student, Alana de Hinojosa, was, according to attorneys at the ACLU, “pulled out of her class at Davis High in front of her teacher and all her classmates, and escorted by a school staff member to the office of the head campus supervisor.”

The ACLU continues, “There, Ms. de Hinojosa was questioned by a sworn officer of the Davis Police Department, Officer Ellsworth, the High School’s vice-principal, and another school staff member about her newspaper article.”

YJW Analysis: Will Playing the Video “Confession” in Topete Case Backfire on the Prosecution?

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Sometimes the old adage “be careful what you ask for – you might get it” is spot-on.  Last week, the prosecution, citing a change in defense strategy, worked hard to convince Judge Richardson to show the jury Marco Topete’s post-arrest interview, which the prosecution saw as a confession.

The defense fought equally hard to keep it out, citing their view that the interrogators ignored Mr. Topete’s right to remain silent.

City Uses Loophole in Public Records Act to Withhold Prop 218 Information from Organizers

open-governmentVoter lists have long been open to the public and therefore it is relatively easy and straightforward for campaigns and other activists to get ahold of the latest list of registered voters.  And sophisticated companies have been able to obtain and compile lists ranging from permanent absentee voters to those who voted in the last election.

However, the Prop 218 process relies on ratepayers and not voter information.  And that information is actually exempted under the Public Records Act.

Word to the Wise – How To Read Your City Utility Bill

water-rate-iconBy E. Roberts Musser

Since the surface water project has been front and center in the local news lately, it would seem an article on how to read your city utility bill would be quite timely.  The Dept. of Public Works held a seminar on the subject at our most recent Davis Senior Citizens Commission meeting on Sept. 8, 2011.  It proved to be an interesting discussion.

On Sept. 6, 2011, the City Council most recently approved a 14% increase in water rates for every year each of the next 5 years, with the possibility of having to increase water rates 14% in the 6th year.  But to increase the water rates the 6th year will require another Prop 218 notice.  So for an average single family resident, we have the following rate schedule:

 

Water Rate Referendum is in the Works to Stop Water Rate Hikes

water-rate-iconA diverse group has come together to fight the water rate hikes, as anti-tax conservatives join forces with liberal progressives in Davis seeking to overturn the five-year water rate hikes of 14% passed by the Davis City Council on a 4-1 vote last week.

According to one source, once on the ballot it would suspend the rate hikes until about nine months after they are set to begin on December 1.

Davis To Retain Two BOS Seats – But at a Cost of Ag Preservation

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Under a plan approved on Tuesday, the City of Davis most likely will retain two representatives on the Yolo County Board of Supervisors, but that result comes at a cost of the district that is traditionally reserved for rural Yolo County.

The move drew protests from advocates of farmland preservation and rural interests.

Defense Accuses Deputy DA Ryan Couzens of Relying On Confidential Juvenile Records For Gang Charges

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Judge Stephen Mock allowed gang charges to stand for Jose Duran, despite the prosecutor’s violation of juvenile confidentiality provisions and the testimony of a detective about a juvenile case that should not have been permitted.

During an August PC 995 hearing to dismiss charges, Public Defender Charles Butler accused Deputy District Attorney Ryan Couzens of intentionally airing confidential juvenile records in a callous disregard for the rights of his client.